Ohio Restraining Orders

This section defines domestic violence for the purposes of getting a protection order. Domestic violence is when a family or household member or someone you are in a dating relationship with does any of the following:

• attempts to cause or recklessly causes you bodily injury;
• by the threat of force, puts you in fear of immediate, serious physical harm;
• commits menacing by stalking;
• commits aggravated trespass;
• commits any act with respect to a child that would result in the child being an “abused child” (as defined by law),¹ which includes mental injury that harms or threatens to harm the child’s health or welfare;² or
• commits a sexually oriented offense,¹ which is defined as any of the following acts:
  • rape;
  • sexual battery;
  • unlawful sexual contact with a minor (see the statute sections (A)(2) and (3) for certain conditions regarding the age difference of the victim and offender);
  • gross sexual imposition;
  • sexual imposition;
  • importuning (soliciting a minor for sexual activity);
  • voyeurism (deals with secretly videotaping sexual acts or similar actions);
  • compelling prostitution;
  • promoting prostitution;
  • pandering obscenity;
  • pandering obscenity involving a minor;
  • illegal use of a minor in nudity-oriented material or performance;
  • felonious assault when committed with a sexual motivation; and
  • committing menacing by stalking with a sexual motivation.³
  • Note: There are additional acts involving human trafficking, murder, manslaughter, kidnapping and other crimes when sexually motivated, which we have not included in the above list; to read these, see sections (A)(4),(7)-(11) of the law.

¹ Ohio Rev. Code § 3113.31(A)(1)
² Ohio Rev. Code § 2151.031(D)
³ Ohio Rev. Code § 2950.01(A)

An ex parte order and a final protection order may:

• order the abuser to refrain from abusing, harassing, and annoying you;
• order the abuser to have no contact with you or your children;
• keep the abuser from entering your home, school, business or place of employment, or those of your children;
• evict the abuser and award you possession of the residence, even if the residence is owned by the abuser;
• award you custody of your child;
• require the abuser to pay you monthly support;
• require the abuser to pay rent, mortgage, and/or utility payments;
• require the abuser to see a counselor;
• order that the respondent not remove, damage, hide, harm, or get rid of any companion animal owned or possessed by you (and the judge can allow you to remove your companion animal from the possession of the abuser);
• grant you use of motor vehicle and other possessions;¹
• direct a wireless service provider to transfer the rights to, and billing responsibility for, any wireless service (cell phone) number(s) that you or any minor children in your case use if you are not already the account holder;² and
• grant any other relief that the court considers reasonable and fair.¹

Whether a judge orders any or all of the above depends on the facts of your case.

¹ Ohio Rev. Code § 3113.31(E)(1)
² Ohio Rev. Code §§ 3113.31(E)(1)(k); 3113.451

You cannot be charged any fee or cost in connection with filing for a protection order, which includes filing your petition, getting an order issued, registering the order, modifying the order, enforcing the order or even dismissing/withdrawing the order. You also cannot be charged anything to have the order served by law enforcement, to request a witness subpoena from the judge for a hearing, or to get a certified copy of your order.¹

However, the court can make the respondent (abuser) pay costs in connection with any of the above-mentioned actions.²

Although you do not need a lawyer to file for a protection order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer. Even if the abuser does not have a lawyer, you may want to contact a lawyer to make sure that your legal rights are protected. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence agencies on the Ohio Places that Help page. Staff at domestic violence agencies in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Ohio Rev. Code § 3113.31(J)(1)
² Ohio Rev. Code § 3113.31(J)(2)